County joins others in state with isolation and quarantine policy

Nov. 29, 2009

Oklahoma’s Law is much the same after changes made or added in 2008-see below.

AxXiom


News From 91.3 KUWS

Douglas County joins others in state with isolation and quarantine policy

Story posted Friday at 11:38 a.m. 11/27/2009

Wisconsin counties have a little-known policy that allows forced isolation or quarantine of people using armed law enforcement and deputized civilians. Mike Simonson reports from Superior. This is to help health officials in a worst-case scenario to contain outbreaks.

Wisconsin statute requires each county to have an isolation and quarantine procedure. The order originated with the Centers for Disease Control from anthrax threats in 2001. But the policy is broader. It includes isolating people infected or even suspected of being infected with a contagious disease such as tuberculosis or in a flu pandemic. Douglas County Health Officer Deb Clasen says every county health officer in the state can now order that guards be put on infectious people.

http://www.businessnorth.com/kuws.asp?RID=3172

____________________________________________________

Oklahoma

State Quarantine and Isolation Statutes Updated April 2009

Oklahoma

Okla. Stat. tit. 63 §§ 1-502, 504

Authority. The State Board of Health shall have authority to adopt such rules and regulations, not inconsistent with law, as it deems necessary to aid in the prevention and control of communicable disease.

Whenever a local health officer determines or suspects that a person has a communicable disease, he may impose a quarantine on the place or premises where such person usually stays, and notice thereof shall be given in accordance with the rules and regulations of the State Board of Health.

**But you need to see administrative rules to really understand how our govt. has decided it would be best handle such a  scenario.   This is not where I would expect to find such serious alterations of law which were adopted in 2008.  See below**

Okla. Stat. tit. 21 § 1195

Penalties. Every person who having been lawfully ordered by any health officer to be detained in quarantine and not having been discharged leaves the quarantine grounds or willfully violates any quarantine law or regulation is guilty of a misdemeanor.

http://www.ncsl.org/default.aspx?tabid=17104

TITLE 310. OKLAHOMA STATE DEPARTMENT OF HEALTH

310:521-7-1. Examination

The Commissioner may issue an order for the examination of any individual upon the suspicion or confirmation that said individual has a communicable disease. Such examination may include a clinical examination, a specific diagnostic test or tests, or a specific laboratory test or tests. The purpose of such examination(s) and/or test(s) is to determine the presence of the suspected infectious organism or the presence of indicators of the suspected infectious organism, and to determine the contagious state of the individual to the extent possible.
[Source: Added at 25 Ok Reg 1148, eff 5-25-08]

310:521-7-2. Treatment

The Commissioner may issue an order for the treatment of any individual suspected or confirmed to have a communicable disease. The Commissioner may also order the treatment of any individual or individuals exposed to certain infectious agents. Such treatment plans will be according to procedures developed within the Department.
[Source: Added at 25 Ok Reg 1148, eff 5-25-08]

310:521-7-3. Isolation or quarantine

(a) Isolation. The Commissioner may issue an order for the isolation of any individual or group of individuals upon determination:

(1) That such individual or individuals who are reasonably known or suspected to have a communicable disease constituting a biologic public health threat and who remain within the transmission period for said disease; and
(2) That isolation is the necessary means to control the spread of the agent and the disease constituting a biologic public health threat.

(b) Quarantine. The Commissioner may issue an order for the quarantine of any individual or group of individuals upon determination:

That such individual or individuals who are reasonably known or suspected to have been exposed to a communicable disease constituting a biologic public health threat and who remain within the incubation period for said disease; and

(2) That quarantine is the necessary means to contain the communicable disease constituting a biologic public health threat  to which an individual or individuals have been or may have been exposed.

(c) Affected area. The Commissioner may issue an order for the quarantine of a facility, complex, or campus including but not limited to an apartment complex, dormitory, health care facility, hotel, correctional facility, or the individuals therein.

[Source: Added at 25 Ok Reg 1148, eff 5-25-08]

Any person who is subject to an order of the Commissioner for isolation or quarantine and who contests such an order may request an individual proceeding or hearing. In order to uphold a quarantine order the Department must prove by a preponderance of the evidence that the Respondent was, or was suspected of having been, exposed to an infectious disease constituting a biologic public health threat.

In order to uphold an isolation order the Department must prove by a preponderance of the evidence that the Respondent has, or is suspected of having, an infectious disease constituting a biologic public health threat.

If requested, an individual proceeding pursuant to this subsection shall be convened as quickly as reasonably possible, which may be held telephonically or by other electronic means.  (see exceptions part c)

A Respondent may request a hearing verbally or in writing. If the request for hearing is verbal, it shall be the duty of the hearing officer to take a statement for the record of the Respondent’s reason for contesting the Commissioner’s order.

the Commissioner’s order is upheld at the conclusion of the hearing, the Respondent may appeal the administrative decision pursuant to Section 318 of Title 75 of the Oklahoma Statutes.

(b) Upon finding that there is probable cause to believe that any individual or individuals who are subject to an order of examination, treatment, isolation, or quarantine has failed to or refuse to comply with such order, the Commissioner may request an emergency order from the district court to enforce the Commissioner’s order.

If granted, the emergency order shall require the individual or individuals to be taken immediately into custody by law enforcement officials for the purpose of examination or treatment or to be detained for the duration of the order of isolation or quarantine or until the Commissioner determines that the risk of transmission of a biologic public health threat is no longer present.

(c) Subsections a or b of this section may be suspended in the event of a declaration of emergency by the Governor pursuant to Oklahoma law or upon written directive of the Commissioner of Health to employ a constitutionally-sufficient alternative process due to exigent circumstances during such emergency. Such suspension of subsections a and b shall only exist for the duration of the emergency.

[Source: Added at 25 Ok Reg 1148, eff 5-25-08]

Is there a constitutional alternative to Due Process of Law??

310:521-7-7. Health status monitoring
A representative of the Department shall monitor the health status of those under quarantine or isolation according to means dictated through procedure of the Department. Such means may include use of appropriate data collection forms, use of appropriate medical tests and or procedures, regular telephone calls, visits by local health personnel or other pre-determined providers, self-reports, reports of caregivers or healthcare providers, or by other means. If an individual or individuals under quarantine develop symptoms compatible with a disease constituting a biologic public health threat, then such individual or individuals may be further ordered into isolation.

[Source: Added at 25 Ok Reg 1148, eff 5-2-08

Oklahoma Office of Administrative Rules- OAR

www.oar.state.ok.us

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One response to “County joins others in state with isolation and quarantine policy

  1. Pingback: Tweets that mention County joins others in state with isolation and quarantine policy « AxXiom for Liberty -- Topsy.com

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